Privacy Policy

of VIYOUU Softwareentwicklung GmbH

 

valid from: [1st of November 2024]

 

1. General

 

The privacy of the User´s data (hereinafter referred to as “Data”) is an important concern for the Developer.

 

This privacy policy (hereinafter referred to as “Privacy Policy”) gives further information to which Data is collected, what Data is used and what Rights the User has und data protection law.

 

The Privacy Policy applies to the visit and use of the website https://viyouu.app/, its sub-websites and the VIYOUU app (Android and iOS).

 

The User´s Data will only be processed in accordance with the applicable legal provisions for the protection of personal data, in particular the EU General Data Protection Regulation (EU GDPR) and the Austrian Data Protection Act (DSG).

 

If the User does not want his Data to be processed in accordance with the Privacy Policy, he is prohibited from using the Services.

 

2. Definitions

 

Capitalised terms that are not expressly defined by the Privacy Policy shall have the meaning defined in the Developer´s General Terms of Use.

 

Terms regarding data protection law used in the Privacy Policy shall have the meaning defined in Article 4 EU GDPR. The full legal text of the EU GDPR is available on the Internet at the following link: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A32016R0679

 

3. Responsibility

 

The Controller responsible for data processing pursuant to Article 4 para. 7 EU GDPR is:

VIYOUU Softwareentwicklung GmbH

FN 626108 y

Am Belvedere 4

A-1100 Vienna

 

All questions and concerns should be addressed to the Data Protection Officer (see Article 37 EU GDPR), Mr Monty Schebesta, who can be reached at the following address:

Mr Monty Schebesta

Am Belvedere 4

A-1100 Vienna

Hello@viyouu.app

 

4. Data processing

 

The processing of Data refers in particular to the collection, storage, utilisation, transmission or deletion of Data.

 

The following Data is processed by the Developer:

•   video and photo files uploaded by the User

•   Universally Unique Identifier (UUID)

•   geolocation data

•   comments and notes of the User

 

In case of contacting the Data Protection Officer the Developer the following Data is processed:

•   [Name, Telefonenumber, eMail]

 

The User´s Data is processed for the following purposes:

•   to provide the function of the Services,

•   to identify the User´s (mobile) devices,

•   as a key for storing data,

•   as a key for the affiliation of groups,

•   to determine the geolocation of the User´s (mobile) devices,

•   for the analysis of user behavior,

•   for processing user enquiries after contacting the Data Protection Officer.

 

The User´s data is processed based on the following legal provisions:

 

•   Based on the User´s Consent (Article 6 para. 1 (a) EU GDPR)

Data processing is legally permissible if the User consents to such processing for one or more specific purposes. The User has the right to withdraw his consent (see below).

 

•   To fulfil contractual obligations (Article 6 para. 1 (b) EU GDPR)

A contractual obligation arises at the latest through the use of the services, so that Article 6 para. 1 (b) EU GDPR is the decisive legal basis for processing the User´s Data.

 

•   Due to legal requirements (Article 6 para. 1 (c) EU GDPR)

Data processing is carried out, among other things, to fulfil legal obligations, for example if the Developer is obliged to disclose the User´s data at the request of law enforcement authorities.

 

•   Based on a legitimate interest of the Controller (Article 6 para. 1 (f) EU GDPR)

Data processing is based on the following legal interests of the Developer:

Troubleshooting and further development, maintenance of services

 

5. Use/Disclosure of Data

 

The User´s Data will not be disclosed (in particular not to third parties) unless the Developer is legally obliged to do so.

 

6. Storing Data

 

The Data is stored exclusively on servers in Austria. Copies of the Data are made and stored for back-up processes.

 

Only those employees of the Developer who are responsible for the relevant technical area have access to the User´s Data. The access is only granted in accordance with the EU GDPR, the DSG and the Privacy Policy and only in individual cases.

 

The Developer processes and stores the Data for as long as it is necessary for the provision of the Services. If the collection or storage of Data is no longer necessary to achieve its purposes, it will be deleted, unless the processing (for a limited or unlimited period) is necessary, in particular for purposes of complying with a statutory retention obligation, to secure evidence, etc.

 

In particular, the Data is automatically deleted within 3 months of its last use by the User. All back-up files will also be deleted within a further month.

 

In case of contacting the Data Protection Officer (see clause 4 above), the data will be stored for six months for the purpose of processing the user enquiry and will then be automatically deleted

 

7. Data security

 

The Data is processed using state-of-the-art technology and protected against unauthorised access by third parties and other risks (e.g. loss or destruction of Data) by technical and organisational measures.

 

8. Rights of Data subjects

 

As a Data subject, the User of the Services has the following rights including, but not limited to:

 

•   Right of access

In accordance with Article 15 EU GDPR, the User may request information from the Developer about Data processed by the Latter.

 

•   Right to rectification

In accordance with Article 16 EU GDPR, the User may request the correction of incorrect or incomplete data.

 

•   Right to erasure

In accordance with Article 17 EU GDPR, the User may request the Developer to delete his Data if the legal requirements for this are met.

 

•   Right to restriction of processing

In accordance with Article 18 EU GDPR, the User may, under certain conditions, request the Developer to restrict the processing of his Data.

 

•   Right to Data portability

In accordance with Article 18 EU GDPR, the User may request the Developer to transfer his Data to a third party designated by him or to another Controller (under data protection law).

 

•   Right to withdraw consent

If the processing of Data is based on the User´s consent in accordance with Article 6 para. 1. (a) EU GDPR, the User may revoke his consent to the Developer at any time and in any form.

 

•   Right to object

In accordance with Article 21 EU GDPR, the User may object to the processing of Data if the Data is processed on the basis of a legitimate interest of the Developer.

 

The exercise of Data subject rights must be declared to the persons named in point 3 of the Privacy Policy and related enquiries must be sent to the contact address(es) listed therein.

 

If the User is of the opinion that his rights are not or not sufficiently protected, the User has the option to file a complaint with the Austrian Data Protection Authority:

Austrian Data Protection Authority

Barichgasse 40-42

A-1030 Wien

Tel: +43 1 52 152-0

E-Mail: dsb@dsb.gv.at

 

9. Cookies

 

The Developer uses cookies for the use of the website https://viyouu.app/ in order to improve the function of the website.

 

Cookies are small text files that are electronically stored on the User´s (mobile) devices.

 

The User may prevent the storage of cookies on his (mobile) device by changing the browser settings. This may impair the functionality of the Services.

 

The Developer uses the following types of cookies:


For logged in users:

wordpress_[hash]: Used to store the authentication details. It is only used in the admin area and for logged in users.

wordpress_logged_in_[hash]: Stores whether a user is logged in and is used across the entire website.

wp-settings-[UID]: Stores the user settings for the admin area. [UID] is the user ID of the logged in user.

wp-settings-time-[UID]: Stores the time the user settings were changed.

For commenters (if commenting is enabled):

comment_author_[hash]: Stores the name of the commenter.

comment_author_email_[hash]: Stores the email address of the commenter.

comment_author_url_[hash]: Stores the website URL of the commenter.

Lifetime: These cookies are stored for 347 days by default

10. Server-Log Files

 

While using the website the Developer automatically collects information, so called “server-log files”, including but not limited to:

•   IP-address or host name,

•   the browser used,

•   length of visit of the website,

•   date and time of the accessed website

•   language settings,

•   the used operating system,

•   “Leaving-page” (to which URL the User left the website),

•   ISP (Internet Service Provider).

 

This information is not processed on a person-related basis or associated with the Data.

 

In the event of a breach of the Terms or the Privacy Policy, the Developer reserves the right to analyse and review this information.

 

11. Miscellaneous

 

The Developer reserves his right to amend the Privacy Policy from time to time in order to comply with applicable legal requirements and to implement changes to the Developer´s Services. Newer versions supersede older version of the Privacy Policy.

 

The currently valid version of the Privacy Policy is available at https://viyouu.app

 

With regard to the interpretation of the Privacy Policy and any inconsistencies between the German and the English version, the German version shall prevail.

 

Where personal terms are used in the Privacy Policy, they do not have a gender-specific meaning. When applying the Privacy Policy, the respective gender-specific form applies.